What Is a Conciliation Conference

What Is a Conciliation Conference?

What is a conciliation conference and what is its significance in the family separation process in Australia? As Australian families navigate the often-uncharted waters of separation, conciliation conferences offer a lifeline, a chance to chart a course towards a future defined by understanding, cooperation, and respect.

Conciliation conferences, however, are not merely a forum for discussion; they are a catalyst for action. Through skillful facilitation, couples are empowered to explore creative solutions tailored to their unique circumstances, addressing issues such as parenting arrangements, child support, and property division.

If you want to know more about what’s? a conciliation conference, this is for you!

What Is a Conciliation Conference?

A Conciliation Conference in Family Law is an Australian court-based settlement process. A Registrar of the Court helps the two sides come to a final agreement about money and/or parenting.

This is meant to give both sides of an argument a chance to work with a Judicial Registrar to try to settle their disagreement without going to court again for things like a trial.

The Conciliation Process

Initiation

Before a conciliation conference, parties must submit a Genuine Steps Certificate alongside their Initiating Application or Response, demonstrating efforts to resolve issues prior to court involvement.

The Court might order a Conciliation Conference for financial or, less commonly, parenting disputes. Participants are required to provide extensive documentation, including financial records and business statements. Full and honest disclosure is crucial to avoid extended legal proceedings and potential financial penalties.

Conduct of the Conference

The conference is overseen by a Registrar who is neutral and helps parties explore resolution options. Typically lasting 1 to 2 hours, the process involves several phases:

• First phase:

The Registrar outlines their role and the conference's goals, checks for any family violence concerns, confirms areas of agreement, and addresses initial questions.

• Second phase:

Focuses on settlement discussions. The Registrar facilitates dialogue to help parties understand and evaluate potential compromises, but cannot offer legal advice. It's advised to consult legal counsel beforehand.

• Third phase:

If agreements are reached, the Registrar drafts orders to reflect these and identifies unresolved issues. The session concludes with a Certificate of Dispute Resolution being filed. If no agreement is reached, the case may proceed to trial.

Additional Information about the Conciliation Process

• Control over the Outcome: The Conciliation Conference grants parties control over the resolution, promoting ownership of the agreement.
• Confidentiality: Discussions during the conference are privileged, meaning they cannot be used in court later without consent.
• Next Steps: After reaching an agreement, the next steps might involve a procedural hearing or another court event. Consulting a family lawyer is advisable.

Family Law Rules to Consider:

1. Rule 6.06 Duty of disclosure – Financial proceedings: Requires complete disclosure of financial circumstances by each party in financial proceedings.
2. Central Practice Direction – Family Law Case Management: Establishes uniform case management principles across the Federal Circuit and Family Court of Australia.
3. Family Law Practice Direction – Financial Proceedings: Details the procedure for financial proceedings, including those involving property and superannuation under section 114 of the Family Law Act.

Seek the Expertise of a Family Lawyer

A conciliation conference is an essential step in resolving family disputes amicably. JB Solicitors can provide the necessary guidance, support, and representation to ensure your interests are effectively protected during the process. Contact us to learn more about the applicable legal principles in family law cases.